Justice Melissa Hart is on a leave of absence from the Colorado Supreme Court – with no end date and no general explanation why.

A spokesperson for the Colorado Judicial Department confirmed to Colorado Politics that Hart has been on a “temporary personal leave of absence” since Oct. 28.

“We are waiting for information from Justice Hart about her return date,” said Chief Communications Officer Suzanne Karrer.

Multiple appellate lawyers who spoke to Colorado Politics said they could not recall a time when a Supreme Court justice took a leave of absence during the September-June term.

“I’ve never heard of it, but that doesn’t mean it never happens,” said a Colorado appellate attorney, speaking on condition of anonymity due to an unwillingness to speculate on Hart’s circumstances.

Hart did not attend the three days of oral arguments the Supreme Court heard the week of Oct. 20. That included a missed appearance at Denver’s East High School for the justices’ twice-a-year “Courts in the Community” event. At the time, Karrer told Colorado Politics Hart’s absence was for personal reasons.

Karrer subsequently said Hart attended an Oct. 27 admissions ceremony for new attorneys before taking a leave of absence on Oct. 28. That day, Hart was scheduled to speak on a panel in Denver, alongside Chief Justice Monica M. Márquez, Justice Maria E. Berkenkotter and three Court of Appeals judges.

On Thursdays, the Supreme Court holds its closed-door conference to discuss cases. The following Monday, the Supreme Court releases a list of the appeals it has accepted or declined to hear. The list on Nov. 3 was the first in which Hart was noted as not participating across the board.

The Nov. 10 list again indicated Hart did not participate.

Also on Nov. 10, the Supreme Court released its first opinion since Hart’s leave of absence. The decision was 5-1, with Hart not participating. The opinion did not indicate the reason for Hart’s abstention, but that is true of every time a justice does not participate in a decision.

Members of the court have spoken publicly about staying in touch after hours to discuss and vote upon cases. Hart’s non-participation suggests she may not be available remotely, either.

Hart’s absence also means she has not participated in multiple orders amending the rules governing legal procedure and the practice of law. She also did not take part in the Supreme Court’s Oct. 27 suspension of a San Miguel County judge who is being investigated for misconduct.

Hart was appointed to the Supreme Court in late 2017 and voters retained her to a 10-year term in 2020. Previously, she was a University of Colorado law professor who directed the Byron R. White Center for the Study of American Constitutional Law. She has been heavily involved in access-to-justice issues during her time on the court.

Hart did not respond to Colorado Politics’ request for comment.